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Conflict of Laws

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Last Entry: November 04, 2020 at 08:24:01

Update of the HCCH 2019 Judgments Convention Repository

Posted on November 04, 2020
In preparation of the Conference on the HCCH 2019 Judgments Convention on 13/14 September 2021, planned to be taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention...

First EAPIL (Virtual) Seminar on 11 December 2020: Brexit and Private International Law ? What now?

Posted on November 04, 2020
On 11 December 2020, from 11 am to 1 pm (MET), the European Association of Private International Law will host the first EAPIL (Virtual) Seminar. Devoted to the impact of Brexit on Private International Law speakers from the United Kingdom and the European Continent will analyze the legal framework that will apply to cross-border cases in […]

The Contractual Function of a Choice of Court Agreement in Nigerian Jurisprudence

Posted on November 03, 2020
Many international commercial parties usually provide for a choice of court agreement as a term of their contract. This is done to enhance predictability, certainty and reduction of costs in the event a dispute arises between the parties. Since a choice of court agreement is a term of the contract, does the principle of […]

HCCH a|Bridged ? Edition 2020: 50th Anniversary of the 1970 Evidence Convention

Posted on November 03, 2020
The HCCH and the German Presidency of the Council of the European Union have the pleasure of announcing that registration is now open for HCCH a|Bridged ? Edition 2020, which will mark the golden anniversary of the HCCH Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (HCCH Evidence Convention)...

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Out now: RabelsZ 4/2020

Posted on November 03, 2020
Issue 4 of RabelsZ is now available online and in print. It contains the following articles: MAX-PLANCK-INSTITUT FÜR AUSLÄNDISCHES UND INTERNATIONALES PRIVATRECHT, Die Frühehe im Rechtsvergleich: Praxis, Sachrecht, Kollisionsrecht (Early Marriage in Comparative Law: Practice, Substantive Law, Choice of Law), pp...

Online: Videos of the Annual Conference of the German-Colombian Lawyers Association (DKJV/ACAJ)

Posted on November 03, 2020
On Youtube you can find the videos of the Annual Conference of the German-Colombian Lawyers Association (DKJV/ACAJ). The conference took place digitally from 29 to 30 October 2020. It dealt with current legal developments in Germany and Colombia with a special focus on Covid-19...

The University of Zurich is seeking applications for a Professorship in civil procedure and private law

Posted on November 03, 2020
The University of Zurich, Switzerland, has asked CoL to publish the following: The University of Zurich is seeking applications for a Professorship in civil procedure and private law to take effect from the beginning of the Fall Semester 2021 (1 August 2021), or by arrangement...

Kareem Olatoye and Abubakri Yekini publish a new article

Posted on November 02, 2020
Kareem Olatoye and Abubakri Yekini, both lecturers at Lagos State University, Nigeria, recently published an article titled: “Islamic Law in Southern Nigerian Courts: Constitutional Law and Conflicts of Laws Perspectives” (2019/2020) 6 Benin Journal of Public Law 120...

Adoption ELI-Unidroit Model European Rules of Civil Procedure and webinar (6 November)

Posted on November 02, 2020
The ELI-Unidroit Model European Rules of Civil Procedure were adopted by the European Law Institute and Unidroit in 2020. It consists of a set of main principles and rules covering a wide array of topics in the area of European civil procedure. It contains 245 rules in twelve parts, dedicated to general provisions, rules on […]

Virtual Workshop on November 3 (TOMORROW): Susanne Gössl on Identity in European Private International Law

Posted on November 02, 2020
On Tuesday, November 3, the Hamburg Max Planck Institute will host its fifth monthly virtual workshop in private international law at 11:00-12:30. Susanne Gössl (Christian Albrecht University Kiel) will speak, in German, about the topic ?Wer oder was bin ich überhaupt? – Zur Zukunft des Personalstatuts unter europäischen Einflüssen (“Who or What am I Anyway? The […]

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 6/2020: Abstracts

Posted on November 02, 2020
The latest issue of the ?Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)? features the following articles: C. Wendehorst: Digital Assets in Private International Law Rights with third party effect (erga omnes rights, rights in rem) in digital assets may exist at four levels: (a) the level of physical manifestation of data on a medium; […]

Publication of the Explanatory Report on the Judgments Convention

Posted on November 01, 2020
The website of The Hague Conference on Private International Law in October 29th recorded an important development, which reads as follows: ?Following the approval of the Explanatory Report on the HCCH Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Judgments Convention) on 22 September 2020, the Permanent Bureau […]

HCCH Monthly Update: October 2020

Posted on October 31, 2020
Membership On 21 October 2020, Nicaragua deposited its instrument of acceptance of the Statute, becoming the 86th Member of the HCCH. More information is available here. Conventions & Instruments On 1 October 2020, the HCCH 1965 Service Convention entered into force for the Philippines...

Final Call: The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil and Commercial Matters between the EU and Third Countries ? Pre-Conference Video Roundtable University of Bonn / HCCH on 29 October 2020

Posted on October 27, 2020
The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil and Commercial Matters between the EU and Third Countries Pre-Conference Video Roundtable University of Bonn / HCCH Thursday, 29 October 2020, 6...

Call for Participation in a Questionnaire on Children?s Rights

Posted on October 27, 2020
The Universities of Genoa, Valencia, Turiba, the Institute of Private International Law in Sofia, the European Association for Family and Succession Law, and Defence for Children Italy are currently conducting a research Project to collect and develop best practices on the right of the child to information in cross-border family proceedings...

October Issue of International and Comparative Law Quarterly

Posted on October 27, 2020
The October issue of International and Comparative Law Quarterly was recently published. It features two articles on private international law: S Donelly, “Conflicting Forum-Selection Agreements in Treaty and Contract” (2020) 69 International and Comparative Law Quarterly 759 – 787...

Overriding Mandatory Rules in the Law of the EU Member States: Webinar of the EAPIL Young EU Private International Law Research Network

Posted on October 27, 2020
On Monday, 16 November 2020, starting at 9.15 am CET, the Young EU Private International Law Research Network of the European Association of Private International Law (EAPIL), organizes a webinar on ?Overriding Mandatory Rules in the Law of the EU Member States?...

Chris Thomale on the EP Draft Report on Corporate Due Diligence

Posted on October 27, 2020
Professor Chris Thomale, University of Vienna and Roma Tre University, has kindly provided us with his thoughts on the recent EP Draft Report on corporate due diligence and corporate accountability. In recent years, debate on Corporate Social Responsibility (CSR) has picked up speed, finally reaching the EU...

Does a United States? Court have jurisdiction to make an order affecting immovable property in Lagos, Nigeria?

Posted on October 26, 2020
In the very recent case of Yankey v Austin (2020) LPELR-49540(CA) the Nigerian Court of Appeal was faced with the issue of whether a court in the United State has jurisdiction to make an order affecting immovable property in Lagos, Nigeria. The facts of the case was that the claimant/respondent previously sued the defendant/appellant before […]

A step in the right direction, but nothing more ? A critical note on the Draft Directive on mandatory Human Rights Due Diligence

Posted on October 26, 2020
Written by Bastian Brunk, research assistant at the Humboldt University of Berlin and doctoral candidate at the Institute for Comparative and Private International Law at the University of Freiburg. In April of 2020, EU Commissioner Didier Reynders announced plans for a legislative initiative that would introduce EU-wide mandatory human rights due diligence requirements for […]

New article on ?Transnational Contracts and their Performance during the COVID-19 Crisis: Reflections from India?

Posted on October 26, 2020
Published in the BRICS Law Journal by Dr Saloni Khanderia, Associate Professor – OP Jindal Global University, India; and Visiting Associate Professor, Faculty of Law, University of Johannesburg. The outbreak of the COVID-19 or the coronavirus disease 2019 has severely impacted the performance of several contracts across the globe...

Ilaria Viarengo and Francesca C Villata recently published a new book

Posted on October 26, 2020
Ilaria Viarengo and Francesca C Villata recently published a new book titled: “Planning the Future of Cross Border Families: A Path Through Coordination“ under the prestigious Hart Studies in Private International Law. The abstract reads as follows: This book is built upon the outcomes of the EUFam’s Project, financially supported by the EU Civil Justice […]

Annual research meeting Dutch ILA branch: International Law for a Digitised World

Posted on October 26, 2020
The ANNUAL MEETING OF THE ROYAL NETHERLANDS SOCIETY OF INTERNATIONAL LAW (ILA Dutch Branch) is online accessible on Friday 6 NOVEMBER 2020 (13:30 – 16:30 CET). Over the decades, international law adapted in many ways to the quickly evolving, multi-facetted digital reality, and one of the central questions now is whether or not concepts and ideas developed […]

Today is the 40th Anniversary of the HCCH Child Abduction Convention ? A time for celebration but also a time for reflection

Posted on October 25, 2020
Today (25 October 2020) is the 40th Anniversary of the HCCH Child Abduction Convention. With more than 100 Contracting Parties, the HCCH Child Abduction Convention is one of the most successful Conventions of the Hague Conference on Private International Law (HCCH)...

WAIVING THE RIGHT TO A FOREIGN ARBITRATION CLAUSE BY SUBMITTING TO THE JURISDICTION OF THE NIGERIAN COURT

Posted on October 24, 2020
INTRODUCTIONCommercial arbitration is now very popular around the globe. It forms an important part of Nigerian jurisprudence. It is regulated by the Arbitration and Conciliation Act (?ACA?), Cap. A18, LFN 2004. Clauses designating an arbitral tribunal to resolve disputes between the parties are now common place in international commercial transactions...

Forward to the Past: A Critical Note on the European Parliament?s Approach to Artificial Intelligence in Private International Law

Posted on October 22, 2020
On 20 October 2020, the European Parliament adopted ? with a large margin ? a resolution with recommendations to the Commission on a civil liability regime for artificial intelligence (AI). The text of this resolution is available here; on other issues of AI that are part of a larger regulatory package, see the Parliament?s press […]

Global Perspectives on Responsible Artificial Intelligence

Posted on October 22, 2020
In June 2020, the Freiburg Institute for Advanced Studies (FRIAS) held an online symposium dealing with ?Global Perspectives on Responsible Artificial Intelligence (AI)?. The range of topics included the implications of AI for European private law (Christiane Wendehorst, ELI/University of Vienna), data protection (Boris Paal, Freiburg), corporate law (Jan Lieder, Freiburg), antitrust (Stefan Thomas, Tübingen), […]

Save the date ? 5 February 2021 ? online event. The Netherlands: a forum conveniens for collective redress?

Posted on October 21, 2020
by Marta Pertegás Sender, Maastricht University and University of Antwerp On 5 February 2021 a group of renowned experts will discuss the attractiveness of Dutch courts in an online interactive seminar. The event will more generally address the settlement of complex private transnational disputes in light of recent Dutch and European legislation...

R. Brand on Provisional Measures in Aid of Arbitration

Posted on October 19, 2020
The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may, in advance, ensure that assets or evidence is secured in advance, or that the other party is required to take steps to […]

The Final PSEFS Project Event on 20 & 21 October 2020

Posted on October 19, 2020
We have already reported on PSEFS, that stands for ?Personalized Solution in European Family and Succession Law?, a co-funded EU Justice project, on two occasions: here and here. On Tuesday 20 & Wednesday 21 October 2020 the project leader University of Camerino and its partners are organising the Final PSEFS Project Events to disseminate at […]

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